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DEPARTMENT OF STATE, DIVISION OF LICENSING vs NORMAN D. SILVESTRE, 02-000524PL (2002)

Court: Division of Administrative Hearings, Florida Number: 02-000524PL Visitors: 34
Petitioner: DEPARTMENT OF STATE, DIVISION OF LICENSING
Respondent: NORMAN D. SILVESTRE
Judges: LARRY J. SARTIN
Agency: Department of Agriculture and Consumer Services
Locations: West Palm Beach, Florida
Filed: Feb. 13, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 18, 2002.

Latest Update: Dec. 25, 2024
of - STATE OF FLORIDA DEPARTMENT OF STATE DEPARTMENT OF STATE, . DIVISION OF LICENSING, Petitioner, v. CASENO C21-02194 D99-11707 CD2001-1321 ) ) ) ) ) } NORMAN D. SILVESTRE, ) ) ) Respondent. ee | ADMINISTRATIVE COMPLAINT COMES NOW the Department of State, Division of Licensing, pursuant to Section 493.6121, Florida Statutes, and states that it is the licensing authority as defined therein, that it has statutory jurisdiction over the Respondent, and alleges: The name and last known address of the Respondent is: Norman D. Silvestre Post Office Box 4437 Boca Raton, Florida 33429 Respondent holds a Class "D" Security Officer License, number D99-11707, issued pursuant to Chapter 493, Florida Statutes, effective June 25, 2001. As set forth below, an investigation of Respondent by Petitioner has revealed _ facts, which justify action, provided for in Section 493.6118(2), Florida Statutes. Count | On or about August 2001, in Palm Beach County, Florida, Respondent - performed the services of an Armed Security Officer without a valid Class “G” Statewide Firearms License. Respondent is in violation of Section 493.61 18(1)(f), Florida Statutes. Count Il On or about, August 2001, in Palm Beach County, Florida, Respondent carried a firearm which was not required by Respondent duties, which is prohibited by Section . 493.6115(3), Florida Statutes. Respondent is in violation of Section 493.6118(1)(t), Florida Statutes. WHEREFORE, Petitioner intends to take disciplinary action pursuant to Section 493.6118(2), Florida Statutes, including, but not limited to a reprimand, probation, administrative fines, suspension of licenses or revocation of licenses. NOTICE OF RIGHTS In accordance with Sections 120.569 and 120.57, Florida Statutes, you the Respondent may request a formal hearing or informal hearing, or may enter into a stipulation and settlement. In order to request a hearing, you must complete the enclosed Election of Rights form and file it with the Division of Licensing within twenty-one (21) days of receipt of this complaint. If you request a formal hearing, you must also send a statement of the material facts alleged in this complaint which you dispute. To enter into a stipulation and settlement, sign and return the attached Stipulation and Settlement, which is an agreement to accept the suggested penalty without proceeding to a hearing. Failure to file the Election of Rights form with the Division of Licensing within twenty-one (21) days of receipt of this administrative complaint shall be considered a waiver of your right to a hearing and shall result in the issuance of a final order without the benefit of a hearing. The final order will notify you of the right to appeal the final order pursuant to Section 120.68, Florida Statutes. Fo cement SRC POET er OTT ore perro tid il a Rl A a ”* Dated this 9th day of November 2001. John M. Russi, Director Division of Licensing CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing has been furnished by certified mail to Norman D. Silvestre, Post Office Box 4437, Boca Raton, Florida 33429, this 9th Stine Bonsle Steve Bensko Assistant General Counsel Department of State Division of Licensing The Capitol, M.S. #4 Tallahassee, Florida 32399-0250 (850) 488-3492 day of November 2001. JR/mv pare ong ere fer i Aes i. ea pemeer ~ STATE OF FLORIDA DEPARTMENT OF STATE DEPARTMENT OF STATE, DIVISION OF LICENSING, Petitioner, Vv. CASENO C21-02194 D99-11707 NORMAN D. SILVESTRE, CD2001-1321 ee SSS Se Respondent. STIPULATION AND SETTLEMENT The parties to this action, Department of State, Division of Licensing, ("Division"), and Norman D. Silvestre, ("Respondent"), do hereby stipulate and agree to the following: 1. The alleged violations of Chapter 493, Florida Statutes, cited in the administrative complaint filed in this case resulted from an investigation conducted by the Division. 2. The Division has regulatory authority over this matter pursuant to Section 493.6121, Florida Statutes. 3. In order to avoid further litigation, the parties agree to the following: a. As to Count | of the Administrative Complaint: Respondent agrees to the revocation of his Class "D" Security Officer License, number D99-11707, and to return said license to the Department of State, Division of Licensing, within thirty (30) days of the final order adopting this agreement. iit il a A ee Rl ee ORR Soper TOR ge RE eT ” b. Each party shall be responsible for its own costs and fees. UU pUnnpeeeeeee ey Steve Bensko Norman D. Silvestre Assistant General Counsel Respondent - Department of State Division of Licensing The Capitol, M.S. #4 Tallahassee, Florida 32399-0250 (850) 488-3492 Executed on this day Executed on this of 2001. of JR/mv day 2001. oe seeeteemmemen parse OIE cop nme ne egregmere meme ee ren ee vere

Docket for Case No: 02-000524PL
Issue Date Proceedings
Apr. 18, 2002 Order Closing File issued. CASE CLOSED.
Apr. 17, 2002 Motion to Dismiss filed by Petitioner.
Apr. 09, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for June 6, 2002; 9:30 a.m.; West Palm Beach, FL).
Apr. 05, 2002 Motion for Continuance filed by Petitioner.
Feb. 28, 2002 Order of Pre-hearing Instructions issued.
Feb. 28, 2002 Notice of Hearing by Video Teleconference issued (video hearing set for April 18, 2002; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Feb. 25, 2002 Response to Initial Order filed by Petitioner.
Feb. 21, 2002 (Joint) Motion for Extension of Time to File Response to Initial Order filed.
Feb. 13, 2002 Administrative Complaint filed.
Feb. 13, 2002 Petition for Formal Hearing filed.
Feb. 13, 2002 Election of Rights filed.
Feb. 13, 2002 Agency referral filed.
Feb. 13, 2002 Initial Order issued.
Source:  Florida - Division of Administrative Hearings

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